5th Circuit Judicial Council Says Evidence Supports Federal Judge's Impeachment

Janet McConnaughey

The Associated Press

December 21, 2007

There is evidence to back up impeaching a federal judge in New Orleans for lying in bankruptcy court, accepting gifts from lawyers with cases before him, and other misconduct, a federal judicial council said Thursday.

The Judicial Council of the 5th U.S. Circuit said U.S. District Judge G. Thomas Porteous Jr. "has engaged in conduct which might constitute one or more grounds for impeachment."

The same group of judges said it will wait at least three months before deciding whether to reconsider allegations that U.S. District Judge Samuel Kent of Texas harassed a female employee, groping her in his court chambers in Galveston.

Its report goes to the federal Judicial Council headed by Chief Justice John Roberts, which will decide whether to recommend that the U.S. House consider impeaching Porteous.

Porteous, 61, was in a meeting Thursday afternoon and not available for comment, his office said. His attorney, Kyle Schonekas, did not immediately return a call.

"Impeachment of a federal judge is very rare in American history. Not that he's necessarily going to be impeached," said Richard Carelli, spokesman for the Administrative Office of the U.S. Courts.

The U.S. House has impeached 13 judges; the Senate convicted seven and an eighth resigned, according to the Federal Judicial Center's web site.

The most recent convictions, in 1989, were of U.S. District Judges Alcee L. Hastings of Florida and Walter L. Nixon of Mississippi. Hastings was convicted of perjury and conspiring to solicit a bribe; Nixon of lying to a federal grand jury.

The council, which did not describe the allegations, reprimanded Porteous in September, ordering him on leave for four months. Thursday's order said the employee asked it to reconsider possible impeachment and said she had additional evidence.

That would require a hearing which would be inappropriate because the U.S. Justice Department is investigating the allegations, the council wrote.

The 5th Circuit Council's report about Porteous, posted on the Web site of the 5th U.S. Circuit Court of Appeals, said investigators have substantial evidence to back up allegations against Porteous, who filed for bankruptcy in 2001.

It said those include:

Filing "numerous false statements under oath during his and his wife's Chapter 13 bankruptcy, including filing the petition under a false name."
Hiding assets from the bankruptcy estate.
Failing to list all creditors.
Leaving gambling losses off the list of debts.
Getting short-term credit from casinos after the bankruptcy judge ordered him to get approval of the court or a trustee before taking on any debt.
Making unauthorized, secret payments to "preferred creditors" after going to bankruptcy court.
Fraud involving a pre-bankruptcy debt to Regions Bank.
Taking "gifts and things of value" from lawyers with cases before him.
Rejecting a request to step down from a case without revealing that he had a "history of financial relationships" with at least one attorney for the person making that request.
Leaving attorneys' gifts off of financial disclosure statements for 1994-2000, and omitting debt that should have been on the 2000 statement.

The report said U.S. District Court may not assign Porteous any bankruptcy cases or appeals, or cases in which the United States is a party. He may continue with other civil cases and administrative duties until he has to spend most of his time on his defense, it said.

The allegations against Porteous were uncovered during the FBI's Operation Wrinkled Robe, an investigation of the relationship between state judges in Jefferson Parish, La., where Porteous served until he was appointed a federal judge in 1994, and bail bondsman Louis Marcotte.

Schonekas said in late May of this year that federal prosecutors had told him they did not intend to indict Porteous, who was then asked to return to work at the court.

Thursday's order will have little effect on Porteous' caseload.

He stepped aside from all civil cases involving the federal government and all criminal cases in 2003 after a relative of Marcotte said the bondsman -- sent to prison for racketeering -- had paid for Porteous' car repairs and arranged another favor.

"He hasn't been in the federal government docket for some time, so the only impact is the order requires he be taken out of the bankruptcy appeals," said Chief Judge Helen G. Berrigan of Louisiana's eastern federal district. "He'll have a regular civil docket, which is the vast majority of the docket."

In May 2006, while dealing with the aftermath of Hurricane Katrina and his wife's death, Porteous took medical leave. He returned to the federal bench in June.

Porteous lost the roof of his Metairie home to Hurricane Katrina in August 2005. His wife, Carmella, died of a heart attack in December of that year.

"I think it's a very sad time for him and his family and for us and our court," Berrigan said. "I consider him a friend and I hope it turns out well for him."